An employee who opts for whatever reason to take paid and unpaid personal leave, or a mix of the tow, instead of parental leave, is not entitled to a guarantee of a return to work to the same pre-parental leave position. In the following case, Mr Scullin, a full time employee, took a mix of paid and unpaid personal leave for a year rather than parental leave under his employer’s policies, (which were found to be non-compliant) to assist his wife care for their young child was only offered a part time role when he returned to work. However he lost an adverse action claim alleging that the changes made to his role were because he had exercised his right to take parental leave and because of his family responsibilities.
Scullin v Coffey Projects (Australia) Pty Ltd (2015) FCCA 1514

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